› Flat Chat Strata Forum › Common Property › CP and the Strata Committee › Must major repairs replace like for like? › Current Page
The OC and the owners want to know … when part of each lot has to be demolished and rebuilt, is the OC obliged to rebuild so that each owner gets what they had, or can the OC just return each lot owner the amount of space they had but not walls, windows, functionality etc.?
I believe that, unless alterations to the original structure have been approved and by-lawed at some point, then your only obligation is to restore common property to its original state. That said, with a large enough majority, the owners corp can agree to whatever it wants, provided the appropriate by-laws are in place.
Re by-law: My understanding is that unless responsibility for the maintenance and repair of altered common property (no matter who it’s altered by) is passed by by-law to the lot owner, it rests with the OC. Is that incorrect?
No, it’s correct. However, if the owner insists on their additions to the common property being repaired or maintained, the OC can insist that unapproved structures and additions be removed.
I think your problem is going to be establishing what your starting point for additions and alterations is, since you have no records. However, that is not a good enough reason for reinstating bodgy works.
I sense that mediation and conciliation would be the best way forward.